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ZONING BOARD OF APPEALS ACTION SUMMARY
Roll call Members Bauer, Cassis, Ghannam, Ibe, Krieger, Sanghvi, Skelcy and Wrobel
Present: Member Bauer, Cassis, Ghannam, Ibe, Krieger, Sanghvi and Wrobel
Absent: Member Skelcy
Present: Charles Boulard, Community Development Director, Beth Kudla, City Attorney, Malinda Martin, Senior Customer Service Rep.
Pledge of Allegiance Member Wrobel
Approval of Agenda: Approved
Approval of Minutes: Approved
Public Remarks: None
1. Case No. 09-038 25300 Constitution–Main Street Village
The petitioner is requesting an extension to variance ZBA08-034 to allow the continued placement of the existing real estate sign located south of Potomac Drive in Main Street Village. The property is zoned TC-1 and is located south of Grand River Avenue and east of Novi Road.
CITY OF NOVI, CODE OF ORDINANCES, Section 28-6 (4) Temporary Signs states: "Sale, rental, or lease sign which identifies the sale, rental, or lease of multiple-family apartment complexes upon which the sign is located shall be valid until and thirty (30) days after sale of lease of property."
IN CASE NO. 09-038 MOTION TO APPROVE THE SIGN AS REQUESTED FOR A PERIOD OF 1 YEAR. ALTHOUGH IT WAS NOT MENTIONED IN THE PRESENTATION, WE DID RECEIVE INFORMATION IN THE PACKET THAT THERE ARE UNUSUAL CIRCUMSTANCES IN TERMS OF POSITIONING OF THE SIGN AS WELL AS THE LOCATION OF THE PROPERTY. THE REQUEST IS BASED UPON CIRCUMSTANCES OF FEATURES THAT ARE EXCEPTIONAL AND UNIQUE TO THE PROPERTY. THE FAILURE TO GRANT RELIEF WOULD UNREASONABLY PREVENT OR LIMIT THE USE OF THE PROPERTY AND WILL RESULT IN SUBSTANTIALLY MORE THAN MERE INCONVENIENCE. THE GRANT OF RELIEF WILL NOT RESULT IN A USE OF STRUCTURE THAT IS INCOMPATIBLE WITH OR UNREASONABLY INTERFERES WITH ADJACENT OR SURROUNDING PROPERTIES.
Motion Carried: 7-0
2. Case No. 09-039 26050 Novi Road – Novi Town Center
The petitioner is requesting a variance to allow installation of one (1) additional 58 square foot wall sign on the east elevation of the multi tenant building located at 26050 Novi Road for AT &T. The property is zoned TC and located north of Grand River and east of Novi Road.
Section 28-5 (3) states: "No building or parcel of land shall be allowed more than one (1) sign permitted under this section…."
IN CASE NO. 09-039 MOTION TO TABLE THIS REQUEST UNTIL NOVEMBER 10, 2009 ZONING BOARD OF APPEALS MEETING FOR ADDITIONAL INFORMATION AS REQUESTED OF THE APPLICANT.
Motion Carried: 6-0
3. Case No. 09-041 44455 Grand River Avenue – Wrenchers
The petitioner is requesting minimum lot area, front and side yard parking, overhead door facing major road, parking setback and parking space variances to permit an automobile service facility in an existing tenant space in a building located at 44455 Grand River Avenue. The property is zoned I-1, Light Industrial and is located at the southeast corner of Grand River Avenue and Lannys Road. The building is designed to accommodate more than one tenant and is currently partially occupied by Tim’s Glass and Marino Cutlery.
CITY OF NOVI, CODE OF ORDINANCES, Section 1903.4 requires automobile service establishments to meet a set of "special requirements" when located adjacent to a major thoroughfare. The Ordinance requires a minimum lot area of 2 acre, the existing site is 1.4 acres; parking is prohibited in front of the building and required side yard and the applicant proposes continuing using existing parking located in front of the building and in the required 40 foot exterior side yard; and service bay doors are not permitted to face a major road and the applicant proposes to continue using the existing overhead door facing Grand River Avenue. Section 2400 requires parking spaces to meet a front yard setback of 40 feet from the right-of-way and the applicant proposes to relocate existing parking, now partially within the right-of-way, with a setback of 10 feet. Section 2505 requires automobile service facilities to have one parking space per 100 square feet of usable floor space plus one parking space per employee. The proposed automobile service facility along with the existing industrial/warehouse uses requires a total of 68 parking spaces. The applicant is proposing to provide 20 improved parking spaces with room for an additional 45 parking spaces in an existing gravel yard to the rear of the building.
IN CASE NO 09-041 MOTION TO APPROVE THE SIX (6) VARIANCES AS REQUESTED. THE SETBACK, FRONTAGE, DENSITY AND ETC. REQUIREMENTS UNREASONABLY PREVENT THE USE OF THE PROPERTY FOR A PERMITTED PURPOSE. THE VARIANCES WILL PROVIDE SUBSTANTIAL JUSTICE TO THE PETITIONER AND SURROUNDING PROPERTIES AND OWNERS IN THE ZONING DISTRICT. THIS PROPERTY IS UNIQUE IN TERMS OF THE WAY IT IS SITUATED. IT IS NOT A SELF CREATED PROBLEM. THERE ARE NO ISSUES WITH LIGHT OR AIR PROBLEMS TO ADJACENT PROPERTIES. HIGHER DANGERS OF PUBLIC SAFETY HAVE BEEN RESOLVED THROUGH PLANNING COMMISSION. THERE ARE NO ISSUES RELATING TO PROPERTY VALUES IN THE AREAS. THE ZONING ORDINANCES WOULD BE OBSERVED. THE VARIANCE REQUEST FROM SECTION 2505 IS APPROVED FOR THE DURATION OF THIS TENANT’S OCCUPANCY ONLY.
Motion Carried 7-0
MEETING ADJOURNED AT 7:45 PM.
NOTICE: People with disabilities needing accommodations for effective participation in this meeting should contact the Community Development Department (248) 347-0415 at least seven working days in advance of the meeting. An attempt will be made to make reasonable accommodations.